International Convention for the Protection of New Varieties of Plants, commonly referred to by its French acronym UPOV (Union pour la Protection des Obtentions Végétales), is a multilateral treaty established to provide a uniform and effective system for the protection of plant varieties. The primary goal of the UPOV Convention is to encourage the development of new varieties of plants for the benefit of society, by granting breeders exclusive property rights to their new varieties, subject to certain conditions and limitations. This protection aims to incentivize breeders to invest in the development of new, more productive, and resilient plant varieties, which can contribute to food security and economic development.
Historical Background
The UPOV Convention was adopted in Paris on December 2, 1961, and has been revised in 1972, 1978, and 1991 to adapt to evolving needs in plant breeding and protection. The 1991 Act is the most comprehensive and provides stronger protection for breeders’ rights.
Key Principles of UPOV
- Novelty:
For a plant variety to be protected, it must be new in the sense that it has not been commercially exploited or only within strict time limits prior to the application for protection.
- Distinctness:
The variety must be clearly distinguishable from any other variety whose existence is a matter of common knowledge at the time of the application.
- Uniformity:
The variety must be sufficiently uniform in its relevant characteristics, subject to the variation that may be expected from the particular features of its propagation.
- Stability:
The variety must remain true to its description after repeated propagation or at the end of each cycle of propagation if it is a cycle of particular duration.
Rights Granted and Obligations
Under the UPOV Convention, the breeder of a new plant variety is granted an exclusive right to commercialize plant material of the variety, subject to certain exemptions. For instance, the convention allows for the exemption of farmers’ privilege, which enables farmers to use the product of the harvest for propagation purposes on their own farm, depending on national laws.
The rights are granted for a limited period, typically 20 years from the date of granting the right for most crops, and 25 years for trees and vines. During this period, anyone wishing to exploit the protected variety in a member country needs the breeder’s authorization, which is often subject to royalties.
Role of UPOV
The UPOV system promotes the development of new plant varieties by providing breeders with a mechanism to recover their investment in breeding new varieties. It does so by:
- Facilitating the sharing of benefits arising from plant breeding.
- Encouraging investment in plant breeding, including in developing countries.
- Contributing to the development of new varieties that can lead to increased yields, improved resistance to diseases and pests, and better nutritional qualities.
Membership and Global Reach
UPOV has grown to include over 75 member countries, covering most of the world’s countries engaged in significant agricultural production. Membership in UPOV is open to states that are party to the Paris Convention for the Protection of Industrial Property (1883) and that have effective plant variety protection legislation in harmony with the UPOV Convention.
Criticisms and Controversies
While UPOV aims to stimulate innovation in agriculture, it has also faced criticism. Some argue that the convention favors commercial breeders and agribusiness at the expense of small farmers and biodiversity. Concerns have been raised about access to genetic resources and the rights of farmers to save and exchange seeds, traditional practices that can be restricted under UPOV-compliant legislation.